Legal Opinion
United States v. Delvi
District Court, S.D. New York
Decided June 17, 2003No. 01 CR.0074 SASPublishedCited by 4 opinions
1Opinion of the Court
OPINION AND ORDER
SCHEINDLIN, District Judge.
The Government intends to call retired Detective Jeremy Rosenberg of the New York City Police Department (“NYPD”) to testify to certain events related to the murder of Earl Edwards and the shooting of Xavier Giles on December 19, 2000. The government seeks to admit, through Detective Rosenberg, a statement made to him by Giles approximately forty minutes after the shooting. Defendants object. For the reasons that follow, the statement is admissible as an “excited utterance” under Rule 803(2) of the Federal Rules of Evidence.
I. FACTS
The shooting of…
2Cases cited21 opinions
- Ohio v. RobertsSupreme Court of the United States · 1980
- California v. GreenSupreme Court of the United States · 1970
- White v. IllinoisSupreme Court of the United States · 1992
- Joseph A. Puleio v. George A. Vose, Jr., Etc.Court of Appeals for the First Circuit · 1987
- United States v. Alexander, JoeyCourt of Appeals for the D.C. Circuit · 2003
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3Cited by4 opinions
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